Plaintiff Passes Anti-SLAPP Hurdle For Torts Of Public Disclosure Of Private Fact, IIED & False Promise.

For a documentary, plaintiff, a police informant, provided an inside glimpse into a notorious street gang. He claims he agreed to speak on camera on condition his face would be concealed, and that he wore a hat and bandana to cover his face. He says the producer told him he didn’t need the disguise since the production process would conceal his face. When the episode was aired, plaintiff’s identity was not concealed. Defendant contends plaintiff signed a release waiving all claims against anyone associated with the program and allowing his real name and identity to be used. But plaintiff says the producer asked him to sign a receipt for his $300 payment, and that he is illiterate and dyslexic. The federal district court granted defendants’ anti-SLAPP motion to strike under Code of Civil Procedure section 425.16. The Ninth Circuit reversed and remanded, stating plaintiff met his burden of showing a probability of prevailing on the merits. (John Doe v. Gangland Productions, Inc., A&E Television Networks (Ninth Cir.; September 16, 2013) (Case No. 11-56325).